In a controversial move, President Joe Biden commuted the death sentences of 37 out of 40 federal death row inmates last month.
While many inmates eagerly accepted this act of clemency, two are outright refusing, citing concerns over how it could negatively impact their ongoing appeals, as reported by The Gateway Pundit.
Shannon Agofsky and Len Davis, both housed at the U.S. Penitentiary in Terre Haute, Indiana, have filed emergency motions to block the commutations. These filings argue that the change from death sentences to life imprisonment without parole undermines the legal protections they currently enjoy during the appellate process.
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Agofsky, convicted for the 1989 murder of an Oklahoma bank president, stated in his court filing that the commutation “strips him of the protection of heightened scrutiny,” a key legal safeguard for death penalty cases.
This level of scrutiny ensures courts thoroughly examine errors due to the gravity of the death penalty. Agofsky contends that losing this protection leaves him in a state of “fundamental unfairness” that jeopardizes his pending appeal.
Indiana death row inmates make shock decision after Biden granted them clemency from execution
Two of the 37 death row inmates who Joe Biden commuted the sentences of are trying to reject the president’s clemency.
Shannon Agofsky (left) and Len Davis (right), who both reside… pic.twitter.com/1t73aUuPQF
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Similarly, Len Davis, a disgraced former New Orleans police officer, was convicted for orchestrating the 1994 murder of Kim Groves. Groves was killed after filing a police brutality complaint against Davis, alleging he had beaten a teenager in her neighborhood.
Davis argues that Biden’s clemency interferes with his ongoing claims of innocence, as the appeal process for death penalty cases allows for more rigorous court reviews compared to life sentences.
These legal maneuvers highlight the unforeseen consequences of Biden’s actions. While framed as a humanitarian gesture, this blanket commutation raises questions about prioritizing justice for the victims. Agofsky and Davis are leveraging their legal knowledge to fight against what they see as an overreach that could derail their appeals.
But the controversy doesn’t stop with these two inmates. Another commuted inmate, Brandon Council, is making headlines for demanding his release from prison altogether.
Council, convicted in 2019 for the horrific double murder of bank employees Donna Major and Katie Skeen during a 2017 robbery, has reportedly been emboldened by Biden’s decision.

His newfound confidence in demanding freedom underscores the broader issue with this blanket commutation—where mercy for the guilty leaves no room for justice for the innocent.
This move by Biden has sparked outrage among many, especially as the clemency list includes some of the most egregious criminals in recent history. Critics argue that this sweeping act of leniency is a slap in the face to victims’ families and law-abiding Americans.
Instead of addressing crime, it prioritizes leniency for child killers and murderers, signaling a dangerous message about justice under the current administration.
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